3., 4. & 5. The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020, The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations 2020 and The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 2) Regulations 2020

Part of the debate – in the Senedd at 2:41 pm on 5 August 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 2:41, 5 August 2020

Thank you, Llywydd. The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 were made, as has been said, on 10 July under the Public Health (Control of Disease) Act 1984 in response to COVID-19 or coronavirus. The regulations revoke the original coronavirus regulations made on 26 March. As has been said, all the amendments made to those original restrictions regulations are also revoked. The No. 2 regulations are now the principal regulations on coronavirus in Wales. In brief, and as Members will be aware, the No. 2 regulations restate certain provisions of the original regulations, require certain steps to be taken by those businesses permitted to be open, including taking all reasonable measures to ensure social distancing at their premises and with regard to the restriction of gatherings. The regulations will expire on 8 January 2021. 

On 3 August, the committee reported on the No. 2 regulations and two sets of amending regulations made respectively on 17 and 24 July. Our report on the No. 2 regulations identified three technical reporting points and six merits reporting points. We raised concerns about the commencement provisions in the regulations; in particular, when exactly do the regulations come into force? I'd welcome clarification on this point in the Minister's closing remarks and hope they will confirm the position regarding anyone who may have breached the restrictions over the weekend of 11 and 12 July. In addition, we highlight some inconsistencies between the meaning of the English and Welsh texts.

Now, turning to the merits reporting points, we note the explanation as to the impact of the No. 2 regulations on human rights, and how interference is justified in respect of articles 5, 8, 9 and 11. However, we have requested further information in order to provide a fuller understanding of their impact on human rights. We have also sought clarity on two issues: first, about how the regulations apply in relation to the concept of extended households where one of the households is not in Wales, given that the 1984 Act states that the Wales restrictions apply 'as respects Wales'. Secondly, we've asked for an explanation about the application of regulation 8. This permits self-contained accommodation to open as long as, amongst other requirements, it is only let to members of the same household. Specifically, we have asked for clarification of what the owner of any self-contained accommodation must do in order to satisfy themselves that they are actually letting the property to members of the same household, whether extended or not. We also requested that the Welsh Government address specific issues we highlighted in our report, which Members have, about the powers of entry and fixed-penalty notices.

The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) Regulations of 2020 also amend the No. 2 regulations to allow the reopening of funfairs, playgrounds and outdoor gyms, as has been mentioned by the Minister, and clarify that persons who attend a place of worship have a reasonable excuse to gather. These regulations came into force on 20 July. We reported three merits points concerning drafting issues that are relevant to the accessibility of law, and we draw them to the attention of the Senedd as they're identified in the report. 

Finally, we come to the third set of regulations being debated today. The second set of amending regulations lifted some of the restrictions imposed by the No. 2 regulations from 25 July, and others from 27 July. These are listed in our report. In addition, and from 27 July, the regulations require passengers travelling on public transport services to wear a face covering, subject to certain exceptions.

There are two merits points identified in the report, relating to a minor drafting issue and the lack of time to carry out a consultation or regulatory impact assessment, and I draw these to the attention of the Senedd. Diolch, Llywydd.